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Home My WebLink AboutCU-04-16 - Decision - 0008 Laurel Hill DriveCITY of SOUTH BURLINGTON DEPARTMENT of PLANNING AND ZONING VIGNESH SOLA/ - 8 LAUREL HILL DRIVE CONDITIONAL USE APPLICATION #CU-04-16 FINDINGS of FACT AND DECISION Vignesh Solai, hereinafter referred to as the applicant, is seeking conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to allow an accessory residential unit, 8 Laurel Hill Drive. The Development Review Board held a public hearing on January 18, 2005. The applicant was present at the meeting. Based on testimony provided at the above mentioned public hearing and the plans and supporting materials contained in the document file for this application, the Development Review Board finds, concludes, and decides the following: FINDINGS of FACT 1. The applicant is seeking conditional use approval under Section 14.10, Conditional Use Review, of the South Burlington Land Development Regulations. Request is for permission to allow an accessory residential unit, 8 Laurel Hill Drive. 2. The record owner of the subject property is Vignesh Solai. 3. The subject property is located in the Residential 4 (R4) Zoning District. 4. The plans consist of one (1) sheet entitled, "Wastewater Plan Vignesh Solai 8 Laurel Hill Drive South Burlington, VT", prepared by Earthbound Services, dated 11 / 19/04. ACCESSORY RESIDENTIAL UNITS Pursuant to Section 3.10(E)(1) of the proposed Land Development Regulations, in any district where a single-family residence is a principal permitted use, one (1) accessory residential unit within or attached to a primary single-family residence may be permitted by the DRB in accordance with Article 14, the Conditional Use criteria and the following additional criteria: (a) With the exception of lots in R1, R2, and SEQ Districts that are one-half (112)acre orgreater in area, occupancy of the accessory residential unit is restricted to not more than two persons, one of whom is either (i) related by blood, marriage, or adoption to the owner of the primary single-family residence, or (ii) is disabled as defined in subdivision 252(2) of Title 18, or (iii) is at least 55 years of age. The applicant shall target a person who meets one of the above -mentioned requirements. - 1 - (b) On lots that are one-half (112) acre or greater in size in the R1, R2 and SEQ districts, occupancy of the accessory residential unit is restricted to not more than two persons and no additional restrictions shall apply. This criterion does not apply to the subject property. (c) Floor space of the accessory residential unit shall not exceed 600 square feet or 30% of the gross floor area of the original dwelling unit, whichever is less. The applicant did not indicate the proposed size of the accessory structure or the existing size of the gross floor area of the original dwelling unit. (d) Maximum occupancy of the accessory residential unit shall be two persons. The maximum occupancy of the accessory residential unit shall be two persons. (e) The principal dwelling shall be owner -occupied. The principal dwelling shall be owner -occupied. (f7 No exterior alteration, other than the entranceways and other alterations required by the Vermont building code are made to the principal dwelling. The applicant did not indicate that any alterations were being made to the existing dwelling unit. (g) No exterior entrance or other alterations shall be made to the front of the original dwelling. The front of the existing dwelling will remain unchanged. (h) Public water and sewer shall be provided to all residences on the lot. The applicant has wastewater allocation approval from the Director of Planning and Zoning. The existing dwelling unit is currently served by municipal water. (i) No home occupation shall be conducted in an occupied accessory apartment. No home occupation shall be conducted in an occupied accessory apartment. U) One additional off-street parking space shall be provided on the same lot. The existing dwelling unit has a two -car garage and a paved driveway, which is sufficient to satisfy this requirement. (k) A zoning permit shall be required for each accessory apartment. Prior to constructing the accessory apartment, the applicant shall obtain a zoning permit from the Administrative Officer. -2- CONDITIONAL USE CRITERIA 1. The proposed use, in its location and operation, shall be consistent with the planned character of the area as defined by the City of South Burlington Comprehensive Plan. According to the South Burlington Comprehensive Plan, residential neighborhoods should be protected from incompatible commercial encroachment and traffic adherence. In addition, the Plan states that the City should consider increasing the residential densities in areas that are planned for residential use. The proposed accessory residential unit will be consistent with the plan character of the area, as defined by the Comprehensive Plan. 2. The proposed use shall conform to the stated purpose of the district in which the proposed use is to be located. According to Section 4.03(A) of the South Burlington Land Development Regulations, the Residential 4 District is hereby formed in order to encourage residential use at moderate densities that are compatible with existing neighborhoods and undeveloped land adjacent to those neighborhoods. Any use not expressly permitted is prohibited, except those that are allowed as conditional uses. The proposed accessory residential unit conforms to the stated purpose of the R4 District. 3. The DRB must find that the proposed uses will not adversely affect the following: (a) The capacity of existing or planned municipal or educational facilities. Educational facilities will not be affected, as the accessory apartment will be occupied by no more than two individuals. In addition, the accessory apartment will not adversely affect other municipal services. (b) The essential character of the neighborhood or district in which the property is located, nor ability to develop adjacent property for appropriate uses. The proposal is in keeping with residential uses on surrounding properties and will not adversely affect the character of the area or the ability to develop adjacent properties. (c) Traffic on roads and highways in the vicinity. The addition of one or two residents will have negligible affects on traffic in the vicinity. (d) Bylaws in effect. -3- The proposal is in keeping with regulations, provided the applicant obtains water and sewer allocation. (e) Utilization of renewable energy resources. The proposal will not affect renewable energy resources. (t) General public health and welfare The proposed accessory apartment will not have an adverse affect on general public welfare. DECISION Q Motion by CF' Qu l o , seconded by to approve Conditional Use Appl cation #CU-04-16 of Vignesh Solai, subject t the following conditions: 1. All previous approvals and stipulations shall remain in full effect, except as amended herein. 2. This project shall be completed as shown on the plans submitted by the applicant, as amended by this decision, and on file in the South Burlington Department of Planning and Zoning. 3. The applicant shall submit documentation indicating the proposed size of the accessory structure and the existing size of the gross floor area of the original dwelling unit, prior to permit issuance. 4. The maximum occupancy of the accessory residential unit shall be two persons 5. The principal dwelling shall be owner -occupied. 6. No home occupation shall be conducted in an occupied accessory apartment. 7. Pursuant to Section 17.04(B) of the South Burlington Land Development Regulations, the applicant shall obtain a zoning permit within six (6) months of this decision. M Chuck Bolton — yea/nay/abstain of pres Mark Boucher — yea/nay/abstain not present John Dinklage ye nay/abstain/not present Roger Farley --(ye-nay/abstain/not present Michele Kupersmi h — nay/abstain/not present Larry Kupferman — e nay/abstain/not present Gayle Quimby — ea ay/abstain/not present Motion carried by a vote of 5-- 0 - b Signed this day of January, 2005 by John Dinklage, Chair Please note: You have the right to appeal this decision to the Vermont Environmental Court, pursuant to 24 VSA 4471 and VRCP 76 in writing, within 30 days of the date this decision is issued. The fee is $225.00. if you fail to appeal this decision, your right to challenge this decision at some future time may be lost because you waited too long. You will be bound by the decision, pursuant to 24 VSA 4472 (d) (exclusivity of remedy; finality). 9111411